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Tag Archives: criminal procedure

Opinions – 4/23/12: 4th U.S. Circuit Court of Appeals

Civil Procedure Driver’s Privacy Protection Act BOTTOM LINE: Buyers’ claims under Driver’s Privacy Protection Act of 1994 failed as matter of law, because, where solicitation by lawyers is an accepted and expected element of conduct satisfying DPPA’s litigation exception, such ...

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Law digest: 4/2/12

MARYLAND COURT OF APPEALS Criminal Procedure, Interrogation after invocation of Miranda rights: The conversation that ensued after defendant’s invocation of his right to an attorney constituted an impermissible custodial interrogation and, therefore, defendant’s inculpatory statements should have been suppressed. Phillips ...

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Opinions – 4/2/12: Maryland Court of Appeals

Criminal Procedure Interrogation after invocation of Miranda rights BOTTOM LINE: The conversation that ensued after defendant’s invocation of his right to an attorney constituted an impermissible custodial interrogation and, therefore, defendant’s inculpatory statements should have been suppressed. CASE: Phillips v. ...

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Law digest: 2/27/12

MARYLAND COURT OF SPECIAL APPEALS Criminal Procedure, Competency: Following the dismissal of felony charges because defendants remained incompetent after five years, their re-indictments on the same charges, as well as their continued confinement under criminal commitments based on such re-indictments, ...

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Opinions – 2/27/12: Maryland Court of Appeals

Criminal Procedure Competency BOTTOM LINE: Following the dismissal of felony charges because defendants remained incompetent after five years, their re-indictments on the same charges, as well as their continued confinement under criminal commitments based on such re-indictments, violated CP §§3–106 ...

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Law digest: 2/13/12

MARYLAND COURT OF APPEALS Civil Procedure, Motion for new trial: The trial court did not err in denying defendant-physician’s motion for a new trial, where the Court of Appeals’ holding in the case did not substantively change the Maryland common ...

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Opinions – 2/6/12: 4th U.S. Circuit Court of Appeals

Administrative Law Civil commitment BOTTOM LINE: The U.S. District Court did not err in finding that the government failed to prove by clear and convincing evidence that defendant was “a sexually dangerous person,”; the court reasonably found one expert’s opinion ...

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Law digest: 2/6/12

MARYLAND COURT OF APPEALS Commercial Law, Secondary Mortgage Loan Law: The Secondary Mortgage Loan Law does not restrict a mortgage lender to a single loan origination fee, as long as the aggregate fees charged and collected do not exceed the ...

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